Opinion 92-4

This
opinion represents the views of the Office of the State
Comptroller at the time it was rendered. The opinion may no
longer represent those views if, among other things, there have
been subsequent court cases or statutory amendments that bear on
the issues discussed in the opinion.

TOWN LAW, §176(10): A fire district may pay for supervised
physical fitness training sessions for its active volunteer
firefighters so long as the particular training program
provides the type of conditioning necessary for the
firefighters to efficiently fulfill their firemanic functions,
the nature of the supervision is such that the fire district
has reasonable assurance that it is realizing sufficient
benefits to justify the expenditure and the cost is reasonable
in relation to the benefits received by the district.

You ask whether a fire district may expend fire district
moneys to pay for supervised physical fitness training sessions
for active volunteer firefighters of the fire district fire
department. The training would take place at a local health
and fitness center. If the fire district may expend its moneys
for this purpose, you ask whether there is any limit on the
total amount that may be paid for such activities. You have
indicated that it is expected that the total expenditure for
the program would be less than $20,000.

Fire districts have those powers expressly granted by
statute and those powers necessarily implied therefrom (see
Town Law, §176[21]). Town Law, §176(10) provides that a fire
district may organize, operate, maintain and equip fire
companies. This Office has previously concluded, based on this
authorization, that a fire district has implied authority to
purchase equipment for use by its volunteer firefighters in
connection with physical fitness training to improve or
maintain the firefighters' physical condition in order to
maximize their efficiency in performing firemanic duties on
behalf of the fire district (1976 Opns St Comp No. 76-1061,
unreported; see also Volunteer Firefighters Benefit Law,
§5[1][p]; Town Law, §176[11],[14]). Similarly, it is our
opinion that the fire district has implied authority to pay for
supervised physical fitness training session, for its active
volunteer firefighters, conducted at a health and fitness
center, so long as the particular training program provides the
type of conditioning necessary for firefighters to efficiently
fulfill their firemanic functions on behalf of the fire
district. We assume that the nature of the supervision will be
such that the fire district has reasonable assurances that it
is realizing sufficient benefits to justify the moneys being
expended.

There is no specific monetary limitation on the amount
which may be expended on such a program. The expense, however,
is not excluded from the fire district's spending limitation
(Town Law, §176[18]). Therefore, it would be included in the
calculation of the amount which may be expended by the fire
district without the adoption of a proposition. The cost also
should be reasonable in relation to the benefit received by the
fire district.

Since the total expense for this program is expected to be
below the competitive bidding monetary threshold for contracts
for public work (see General Municipal Law, §103, as amended by
L 1991, ch 413, §54), it appears that the contract for the
supervised training sessions will not be subject to competitive
bidding. Therefore, we need not address whether the proposed
contract is within the professional services exemption to
competitive bidding. However, while no formal competitive
bidding would be required to secure these services, the
district, in selecting the provider of the physical fitness
services, would have to comply with its procurement policies
and procedures adopted pursuant to General Municipal Law, §104-b (added by L 1991, ch 413, §54).